§ 92A.002.Limitation of Liability

The immunity, and all five conditions must be satisfied.

A person who by force or otherwise enters a motor vehicle for the purpose of removing a vulnerable individual is immune from civil liability for damages resulting from that entry or removal if the person:

(1) determines that the vehicle is locked or that there is no reasonable method for the individual to exit without assistance; (2) has a good faith and reasonable belief, based on known circumstances, that entry is necessary to avoid imminent harm;

(3) before entering, ensures that law enforcement is notified or 911 is called if the person is not themselves a law enforcement officer or first responder; (4) uses no more force than is necessary; and (5) remains with the individual in a safe location in reasonable proximity to the vehicle until a law enforcement officer or other first responder arrives.

The third and fifth are the ones a rescuer might overlook. The call must be made before entering — not after — and the person must stay until help arrives rather than leaving the child with a bystander or returning them to a parent and going.

Both conditions serve the same purpose: they bring the authorities into the situation and keep the rescuer accountable for what they did.

Note that the immunity covers damages resulting from the entry or removal — the broken window and any injury caused in getting the person out.